Rochellel's Daily Wire

November 02, 2017

Interlocutory Orders Compelling Arbitration May Be Appealed with Permission

Shallow constitutional foundation of the bankruptcy court justifies allowing interlocutory appeals, district judge says.

2nd Circuit, New York, New York Southern District

October 19, 2017

Using a U.S. Bank Precludes a Foreigner from Winning Dismissal Based on Comity

Stay violation and turnover suits held proper extraterritorial application of U.S. law.

2nd Circuit, New York, New York Southern District

October 03, 2017

Previously Listing Property as a Principal Residence Didn’t Preclude a Later Cramdown

Limited knowledge of English and ‘nuances’ in legal terms saved debtor from a fatal admission.

2nd Circuit, New York, New York Eastern District

September 21, 2017

Survivor’s Pension Benefits Are Not ‘Retiree Benefits’ Protected by Section 1114

Judge uses legislative history because Section 1114 is ambiguous.

2nd Circuit, New York, New York Southern District

September 13, 2017

Transferring COMI to Avoid Liquidation Is Ok in Chapter 15

New York offers a chapter 15 home for foreign companies hoping to avoid liquidation.

2nd Circuit, New York, New York Southern District

August 30, 2017

Third Party Liability for Debtor’s Counsel Fees Precludes a Charging Lien

Third party liability for attorneys’ fees can leave debtor’s counsel in a worse position following nonpayment.

2nd Circuit, New York, New York Southern District

August 29, 2017

Defamation Claim Is Not a Personal Injury Tort, New York Judge Rules

California’s anti-SLAPP statute is substantive, but not entirely enforceable in federal court.

2nd Circuit, New York, New York Southern District

August 14, 2017

District Judge Limits Second Circuit Rule on Standing for Successorship Claims

GM’s ignition switch fiasco continues making bankruptcy law on deprivation of the constitutional right to notice.

2nd Circuit, New York, New York Southern District

August 03, 2017

Russian Bankruptcy Given Chapter 15 Recognition Despite Allegations of Corruption

‘Disinterestedness’ doesn’t apply to a foreign representative in chapter 15.

2nd Circuit, New York, New York Southern District

June 21, 2017

EDNY Changes Policies about Defaults on Direct-Pay Mortgages in Chapter 13

Mortgage payments are considered ‘under the plan’ even if made by the chapter 13 debtors directly.

2nd Circuit, New York, New York Eastern District